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The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

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This is the original version (as it was originally made).

Cases in which the notice of appeal is to be sent to the Tribunal

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22.—(1) This rule applies to asylum support cases and criminal injuries compensation cases.

(2) An appellant must start proceedings by sending or delivering a notice of appeal to the Tribunal so that it is received—

(a)in asylum support cases, within 3 days after the date on which the appellant received written notice of the decision being challenged;

(b)in criminal injuries compensation cases, within 90 days after the date of the decision being challenged.

(3) The notice of appeal must be in English or Welsh, must be signed by the appellant and must state—

(a)the name and address of the appellant;

(b)the name and address of the appellant’s representative (if any);

(c)an address where documents for the appellant may be sent or delivered;

(d)the name and address of any respondent;

(e)details (including the full reference) of the decision being appealed; and

(f)the grounds on which the appellant relies.

(4) The appellant must provide with the notice of appeal—

(a)a copy of any written record of the decision being challenged;

(b)any statement of reasons for that decision that the appellant has or can reasonably obtain;

(c)any documents in support of the appellant’s case which have not been supplied to the respondent; and

(d)any further information or documents required by an applicable practice direction.

(5) In asylum support cases the notice of appeal must also—

(a)state whether the appellant will require an interpreter at any hearing, and if so for which language or dialect; and

(b)state whether the appellant intends to attend or be represented at any hearing.

(6) If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) (power to extend time)—

(a)the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and

(b)unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.

(7) The Tribunal must send a copy of the notice of appeal and any accompanying documents to each other party—

(a)in asylum support cases, on the day that the Tribunal receives the notice of appeal, or (if that is not reasonably practicable) as soon as reasonably practicable on the following day;

(b)in criminal injuries compensation cases, as soon as reasonably practicable after the Tribunal receives the notice of appeal.

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